economy will not go over the fiscal cliff. that's one of the top stories this noontime. good afternoon. i'm david stevenson. >>> we begin with developing news at this hour. san jose police are investigating the city's 46th homicide of the year. it happened at an apartment complex on lewis road off monterey highway and janine de la vega joins us from the scene. janine, we understand police may no who may be responsible -- may know who may be responsible. >> reporter: that's right. they have two adult males detained and they are questioning them and treating them as persons of interests. homicide detectives are here at the sulker breeze apartments. all of the activities seem to be centered around a parking garage. just before 9:30 this morning, they received a 911 call that a man with a gun was at the -- on the grounds. when police arrived, they found a manner in a car shot. paramedics tried to revive him. but he died on the scene. after talking to a couple of witnesses they've determined some sort of confrontation occurred with the victim and two other men. >> what happen